Real estate law and commercial leases

Are you looking for a real estate lawyer to acquire, sell, rent, build or manage a property? ARST Avocats assists companies, investors, owners, landlords, tenants, developers and real estate professionals in all their real estate transactions.

Our team provides consulting services, drafting and negotiating legal documents, conducting expert assessments, and handling real estate litigation. In particular, we have extensive experience with commercial leases, from their preparation to their renewal, assignment, or termination.

This cross-cutting approach combines real estate law, commercial lease law, construction law, real estate development, co-ownership, financing and real estate litigation.

Real estate lawyer: project advice and support

A real estate transaction must be analyzed in light of the legal status of the property, its mode of ownership, its occupancy, its intended use and the constraints specific to the project under consideration.

ARST Avocats assists its clients in:

• the legal definition of the real estate project;
• the analysis of the titles and rights relating to the property;
• verification of the rental situation;
• the identification of easements and constraints;
• the analysis of administrative authorizations;
• the choice of the method of acquisition or holding;
• the creation of a real estate civil company;
• the structuring of a real estate investment;
• negotiating with sellers, buyers or partners;
• the drafting and review of documents;
• coordination with the notary, the real estate agent, experts and financial institutions;
• the preparation for the rental or operation of the property;
• managing difficulties arising during the operation.

Our team works on commercial, professional, industrial, logistics, office or residential buildings as well as on land and construction projects.

Acquisition and disposal of real estate

ARST Avocats advises buyers and sellers at all stages of a real estate transaction.

Our intervention covers, in particular:

• the preparation and negotiation of a purchase offer;
• drafting a letter of intent;
• the examination of a unilateral or synallagmatic promise;
• analysis of the suspensive conditions;
• verification of funding;
• the analysis of property titles;
• the examination of easements;
• mortgage status verification;
• the analysis of planning permissions;
• the review of technical diagnoses;
• the study of the rental situation;
• verification of charges and work;
• analysis of the contracts attached to the building;
• negotiating the seller's guarantees;
• the preparation of the reiteration by authentic deed;
• the lifting of the suspensive conditions;
• monitoring of difficulties arising before the final signing.

We intervene both for the direct acquisition of a real estate asset and for the acquisition of shares in a company owning one or more buildings.

Real estate legal audit

Real estate audits help identify risks that could affect the value, use, or profitability of a property.

Our team analyzes, in particular:

• the origin and regularity of the property;
• real rights relating to the property;
• private or public easements;
• mortgages and securities;
• conformity of the intended use of the property;
• planning permissions;
• the work carried out or planned;
• leases and occupancy agreements;
• rents, charges and security deposits;
• ongoing procedures or expert assessments;
• the rules of co-ownership;
• maintenance or operating contracts;
• insurance;
• environmental risks;
• pre-emption rights;
• the possibilities of division, transformation or change of use.

This audit can be carried out before an acquisition, a sale, financing, restructuring or the entry of an investor.

Structuring and holding real estate assets

Our team assists individuals, businesses and investors in the legal organization of the ownership of their real estate assets.

Our services include, in particular:

• compare direct ownership and ownership through a company;
• to establish a real estate civil company;
• define the distribution of capital;
• draft the necessary statutes and agreements;
• organize the manager's powers;
• to structure the relationships between partners;
• to contribute a building to a company;
• organize the real estate holding of a group;
• separate real estate assets from operational activity;
• prepare the transfer of real estate assets;
• to sell the shares of a predominantly real estate company;
• organize the departure of a partner;
• to address a joint ownership of a building.

We coordinate these operations with our corporate law and family and inheritance law teams.

Legal management of real estate assets

ARST Avocats assists owners, investors and managers in the legal monitoring of their buildings.

Our intervention focuses in particular on:

• the rental of properties;
• the choice of the appropriate occupancy agreement;
• the negotiation of rents and guarantees;
• the distribution of responsibilities and work;
• monitoring contractual deadlines;
• the issuing of leave certificates;
• the collection of rents and charges;
• requests for revision or indexation;
• work permits;
• changes in activity;
• the provision and subletting;
• relations with trustees and co-ownership associations;
• claims management;
• the sale of an occupied asset;
• the liberation and return of the premises.

Our team can intervene on an ad-hoc basis or provide regular monitoring of a real estate portfolio.

Drafting and negotiating commercial leases

A commercial lease sets out the conditions under which a business can operate in a given location. It represents a significant commitment for both the landlord and the tenant.

ARST Avocats drafts and negotiates commercial leases with particular attention to detail:

• to the designation of the premises;
• to their contractual destination;
• to the duration of the lease;
• on the effective date;
• to the initial rent;
• to rent franchises and tiers;
• to indexing and revision;
• to the security deposit;
• to bank guarantees and sureties;
• to the distribution of charges, taxes and duties;
• to maintenance and repair obligations;
• for major repairs;
• to the tenant's development work;
• to the standards and authorizations necessary for the activity;
• to subletting;
• upon the transfer of the lease;
• to the sale of the business;
• to the solidarity clauses;
• to the termination conditions;
• to the restitution obligations;
• to the consequences of a collective procedure.

The status of commercial leases grants the tenant, under certain conditions, a right to lease renewal and protection in the event of refusal to renew.

Renewal and setting of the rent for the commercial lease

As the expiry date approaches, landlord and tenant must consider the possibility of renewal, renegotiation or termination.

Our team is involved in:

• analysis of the right to renewal;
• the issuing of a notice of termination with or without an offer of renewal;
• the tenant's renewal request;
• the negotiation of the new lease terms;
• the setting of the renewed rent;
• the application of the cap;
• the causes of the ceiling being lifted;
• the analysis of rental value;
• the application of the ILC and ILAT indices;
• the three-year review;
• the implementation of a sliding scale clause;
• the procedure before the commercial rent judge;
• the appointment of a court-appointed expert;
• the exercise of the right of option;
• the tacit extension of the lease.

In the absence of notice of termination or request for renewal, the lease may continue by tacit extension, with consequences which should be anticipated, particularly with regard to the setting of the rent.

Dismissal, refusal to renew, and eviction compensation

The landlord may decide not to renew the lease, subject to the rights granted to the tenant.

ARST Avocats assists the parties in:

• the preparation and issuance of the leave;
• analysis of the reasons for refusal to renew;
• the verification of a serious and legitimate reason;
• the negotiation of an eviction compensation;
• the evaluation of the value of the business;
• the estimate of relocation and resettlement costs;
• analysis of losses related to the transfer of the activity;
• the determination of the occupancy compensation;
• the exercise of the right of repentance;
• remaining on the premises until the compensation is paid;
• judicial expertise;
• the procedure before the judicial court.

The eviction compensation should in principle cover all the damage caused to the tenant by the failure to renew.

Assignment of the lease and the right to lease

The right to lease can be transferred with the business or, where the contract allows, be the subject of a separate assignment.

Our team is involved in:

• analysis of the transfer clauses;
• obtaining the landlord's approval;
• the preparation for the transfer of the lease;
• the drafting of the document;
• the negotiation of the price of the leasehold right;
• verification of the intended use of the premises;
• the examination of the assignee's obligations;
• the purging of preferential or pre-emption rights;
• the landlord's involvement in the transaction;
• the guarantees requested from the transferor;
• solidarity clauses;
• the meaning and the necessary formalities;
• coordination with the sale of the business.

We also assist landlords during tenant changes and buyers in analyzing the lease attached to the acquired business.

Despecialization and change of activity

The activity carried out on the premises must correspond to the purpose defined by the lease.

ARST Avocats advises tenants wishing to:

• add a related or complementary activity;
• modify their business concept;
• expand the products or services offered;
• to completely change career;
• obtain permission from the landlord;
• implement a de-specialization procedure;
• adapting the lease to an economic or regulatory change.

We also assist landlords in analyzing demand, negotiating new occupancy conditions or stopping unauthorized activity.

Subletting and occupancy agreements

Depending on the nature and duration of the occupancy, several contracts can be considered.

Our team drafts and negotiates, among other things:

• commercial subletting;
• temporary occupancy agreements;
• short-term leases;
• seasonal leases;
• the agreements for making available;
• domiciliation contracts;
• the agreements for using shared spaces;
• agreements relating to ancillary premises;
• civil leases;
• occupancy agreements linked to a commercial contract.

We take care to select a qualification that is appropriate to the reality of the occupancy in order to prevent reclassification and the unwanted application of the commercial lease statute.

Commercial leases and other leases

ARST Avocats also intervenes in the drafting, negotiation and monitoring of:

• commercial leases;
• civil leases;
• residential leases;
• mixed leases;
• leases relating to industrial premises;
• building leases;
• long-term leases;
• accommodation agreements;
• agreements for the occupation of private property;
• rentals of land or real estate equipment.

The choice of lease type depends on the nature of the property, the activity carried out, the desired duration and the degree of stability desired by the parties.

Construction and public works contracts

Our team supports project owners, companies, builders, architects, project managers, design offices and subcontractors in their construction or renovation operations.

We operate in:

• the preparation of the operation;
• drafting and negotiating works contracts;
• project management contracts;
• project management assistance contracts;
• group agreements;
• subcontracting agreements;
• payment guarantees;
• service orders and amendments;
• additional work;
• monitoring deadlines;
• the application of penalties;
• the operations prior to acceptance;
• the reservations and their lifting;
• the implementation of legal guarantees;
• financial claims;
• the termination or abandonment of the construction site.

We intervene from the contractual phase in order to clearly define the services, responsibilities and procedures applicable to the construction site.

Real estate development and sale of buildings under construction

ARST Avocats assists developers, investors and purchasers in real estate development operations.

Our practice includes, in particular:

• securing land control;
• sales promises;
• the conditions related to planning permissions;
• real estate development contracts;
• sale in a future state of completion;
• the sale of buildings to be renovated;
• reservation contracts;
• completion guarantees;
• relationships with project managers and companies;
• the marketing of the lots;
• delivery delays;
• non-conformities;
• reservations upon delivery;
• the guarantees owed to the purchasers;
• the difficulties affecting the implementation of the program.

We coordinate real estate issues with the corporate, financial, contractual and commercial aspects of the operation.

Condominiums and real estate complexes

Our team advises co-owners, investors, co-ownership associations and property managers on issues relating to collective buildings.

Our services include, in particular:

• analyze the condominium regulations;
• determine the classification of private and common areas;
• examine the allocation of costs;
• to prepare for or contest a general meeting;
• to challenge a resolution;
• to recover condominium fees;
• authorize work;
• to address the appropriation of common areas;
• modify the descriptive statement of division;
• organize the division of a lot;
• manage damages and claims;
• investigate the responsibility of the trustee;
• to address the problems caused by a co-owner;
• organize a free trade union association or a suitable land structure.

Property, easements and neighborhood

ARST Avocats intervenes in disputes and operations concerning the scope of property rights.

Our practice focuses in particular on:

• property disputes;
• claims;
• boundary lines and boundary markers;
• rights of way;
• easements of view or networks;
• the rights of joint ownership;
• encroachments;
• abnormal neighborhood disturbances;
• plantings and distances;
• usage rights;
• occupation without right or title;
• acquisitive prescription;
• joint ownership of real estate;
• the division or sale by auction of a building.

Where possible, we seek a solution that allows for the long-term restoration of the conditions for the use and enhancement of the asset.

Construction expertise and litigation

Problems affecting a building often require a technical analysis before responsibilities can be determined.

Our team supports its clients in:

• the declaration of the claim;
• the organisation of an amicable expert assessment;
• the request for a judicial expert assessment;
• participation in expert meetings;
• the formulation of statements to the expert;
• the identification of disorders;
• the search for causes and responsibilities;
• the assessment of the repair work;
• the determination of damages;
• the implementation of the guarantee of perfect completion;
• the two-year warranty;
• the ten-year warranty;
• ordinary contractual liability;
• recourse between builders;
• legal actions against insurers.

We ensure that the technical elements necessary for the client's defense are examined before the expert report is filed.

Disputes concerning leases and occupancy

ARST Avocats represents landlords and tenants in disputes relating to:

• to the payment of rents and charges;
• to the acquisition of the termination clause;
• upon the issuance of a payment order;
• at the request for payment extensions;
• upon termination of the lease;
• to expulsion;
• to the contesting of the charges;
• to the works and repairs;
• to the non-compliance of the premises;
• to the loss of enjoyment;
• to the revision or indexation of the rent;
• upon renewal of the lease;
• to the refusal to renew;
• to the eviction compensation;
• to the occupancy allowance;
• to irregular subletting;
• upon the transfer of the lease;
• upon the return of the premises;
• to damage and repairs.

We intervene in negotiations, summary proceedings, substantive proceedings and during judicial expert assessments.

Real estate seizures and sales by auction

Our team assists creditors, debtors and investors in real estate seizure and judicial auction proceedings.

We intervene to:

• to initiate or contest a property seizure;
• verify the enforceable title and the statement of the debt;
• analyze the order to pay which constitutes a seizure;
• prepare for the orientation hearing;
• request an authorized amicable sale;
• to declare a claim in the proceedings;
• prepare for a sale by auction;
• to represent a bidder;
• analyze the terms and conditions of sale;
• examine the occupancy and charges of the property;
• to carry out the formalities following the auction;
• to engage in a higher bid;
• to obtain the distribution of the prize.

We also assist investors wishing to acquire real estate assets as part of a judicial liquidation or a transfer plan.

Real estate and companies in difficulty

When a tenant, owner or developer company encounters difficulties, real estate issues often become crucial.

ARST Avocats advises the parties in:

• the declaration of previous rents and charges;
• the processing of subsequent rent payments;
• the continuation or termination of the commercial lease;
• the judicial transfer of the lease;
• the claim or restitution of property;
• the realization of real estate assets;
• the acquisition of a building or a business in insolvency proceedings;
• the handling of landlord guarantees;
• disposal plans involving real estate assets;
• difficulties affecting a development or construction project.

These interventions are conducted with our Companies in Difficulty and Restructuring team.

Comprehensive real estate support

Real estate law lies at the intersection of contract law, commercial law, corporate law, finance, construction and litigation.

ARST Avocats mobilizes these skills to support the project from the acquisition or drafting of the lease to the management, valuation, transfer or resolution of a dispute.

Are you looking for a real estate lawyer to acquire or sell an asset, draft a commercial lease, manage a building, oversee a construction project, or defend your rights in litigation? Our team is available to study your project and offer tailored support.